REALE v. LINDER


143 Misc.2d 496 (1988)

Orlando Reale, Doing Business as Reale Construction, Appellant, v. Thomas Linder, Respondent.

Supreme Court, Appellate Term, Second Department.

September 29, 1988


Attorney(s) appearing for the Case

Carman, Callahan & Sabino (Michael Ingham of counsel), for appellant. Shaw, Licitra, Eisenberg, Esernio & Schwartz, P. C. (Andrew D. Greene of counsel), for respondent.

DiPAOLA, P. J., STARK and RUBENFELD, JJ., concur.


MEMORANDUM.

Judgment unanimously modified by reducing the amount awarded to defendant to the sum of $9,145, together with costs and disbursements in the court below, and, as so modified, affirmed, without costs.

Although the opinion of the court below may have contained incorrect characterizations of the testimony, a review of the record leads us to conclude that plaintiff failed to perform the contract in accordance...

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